Beaumont Municipal Code Ch. 6.22 Animal Control Hearings

It is the purpose of this Chapter to provide standardized animal control hearing procedures concerning the seizure and impoundment of animals. Specifically, the hearings required by Chapter 6.08 regarding seizure and impoundment, Chapter 6.10 regarding potentially dangerous dogs and Chapter 6.12 regarding dangerous animals, shall be conducted in accordance with the procedures set forth in this Chapter 6.22.

(Ord. 960, 10/20/09; §1)

All hearings conducted pursuant to this Chapter shall be conducted by the Chief of Police or his designee who shall not have been directly involved in the subject action and shall not be subordinate in rank to the person seizing or impounding the animal(s). The name of the candidate hearing officer shall be promptly communicated to the owner of the animal, and the owner shall have 24 hours to disqualify the candidate on the grounds that the owner reasonably believes that the candidate is prejudiced against the owner or the interests of the owner.

(Ord. 960, 10/20/09; §1)

The designated hearing officer shall schedule the hearing, and the hearing shall be conducted, within ten business days of the date the hearing officer is appointed; provided, however, that the hearing officer may continue the hearing for a reasonable period of time if he/she deems such continuance to be necessary and proper, or if the owner or custodian of the animal shows good cause for such continuance.

(Ord. 960, 10/20/09; § 1)

To the extent applicable and feasible, the hearing officer shall conduct the hearing in compliance with the following guidelines:

A. The Animal Services Officer shall have the burden of proof to establish, by a preponderance of the evidence, the existence of the condition or conditions which gave rise to the need for seizure or impoundment or otherwise.

B. The Animal Services Officer shall present its case first, following by the party against whom the seizure or impoundment is being proposed. The Animal Services Officer may present rebuttal in the discretion of the hearing officer.

C. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any other matter relevant to this issue even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called the witness, and to rebut evidence.

D. Oral evidence shall be taken only on oath.

E. The hearing need not be conducted according to technical rules of evidence. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing to explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be irrelevant and unduly repetitious evidence shall be excluded.

(Ord. 960, 10/20/09; § 1)

The hearing may be recorded if ordered by the hearing officer or requested by the owner or custodian of the animal. A stenographic report shall also be made of the proceedings if ordered by the hearing office or requested by the owner or custodian, with the costs thereof to be borne by the person making the order or request. A copy of the recording or transcript of the proceeding shall be made available to person upon request and upon payment of the cost of the preparation thereof.

(Ord. 960, 10/20/09; § 1)

Within three business days after the conclusion of the hearing, the hearing officer shall render, in writing, his/her findings, decision and order thereon, and shall give notice, in writing, of the determination and orders issued, either personally or by first-class mail, postage prepaid. Specific findings that shall be made by the hearing officer, and a more complete statement of the hearing officer's disposition authority may be found in Chapters 6.08, 6.10 and 6.12 of this Title.

(Ord. 960, 10/20/09; § 1)

If the owner or custodian of the animal contests the hearing officer's determination, he/she may, within five days of the receipt of the notice of determination, appeal the decision to the Riverside County Superior Court and shall pay a fee for filing such appeal to the Clerk of the Court, as provided in Section 70826(b) of the Government Code.

The owner or custodian of the dog shall serve personally, or by first-class mail, postage prepaid, the notice of appeal on the Chief of Police.

The Court hearing the appeal shall conduct a hearing in accordance with the provisions of Section 30612(b) of the Flood and Agriculture Code. The determination of the Court hearing the appeal shall be final and conclusive upon all parties.

(Ord. 960, 10/20/09; § 1)

If the owner or custodian of the animal fails to appear at the hearing, the hearing officer, and the Superior Court hearing the appeal, may decide all issued for or against such absent owner or custodian.

(Ord. 960, 10/20/09; § 1)